ILLINOIS POLLUTION CONTROL BOARD

August

13,

1992

COUNTY OF JACKSON,

)

)

Complainant,

)

v.

)

AC 92—39

)

(County No. None)

(Administrative Citation)

)

LESLIE NORMAN FRED,

SR.,

)

d/b/a MURPHYSBORO/NORMAN

FRED TRUCKING,

)

Respondent.

ORDER OF THE BOARD

(by J.C. Marlin):

On July 17, 1992,

ti;...~Board received a letter from counsel for

complainant which stated:

Please be advised that the Respondent Leslie Norman Fred,

Sr.

filed a Petition for Review with our office within

thirty five days of service of Administrative Citation in

the above noted cause.

Based on my representations which

were erroneously given,

the Respondent did not file the

original Petition with the Board,

but rather with our

office.

Accordingly,

I request that you have the final order of

the Board vacated and that this matter be set for hearing

pursuant to Section 1032 of the Act.

Attached to the letter is a copy of a one page petition which bears

a June 5,

1992 date stamp of the Jackson County State’s Attorney.

The Board notes that the administrative citation was served

upon respondent on May 21,

so that any appeal was due to be filed

with the Board on or

before June 25,

1992.

As no petition for

review was filed with the Clerk of the Board, the Board entered its

default order in this matter on July 9,

1992.

The respondent has made a good faith effort to timely perfect

an appeal

in compliance with instructions complainant admits were

in error.

Under these circumstances, the Board vacates its order

of July

9,

1992, and accepts this petition for hearing.

The Board

trusts that this sort of error will not occur in the future.

IT IS SO ORDERED.

B.

Forcade and J. Theodore Meyer dissented.

0135-0379

---

2

I, Dorothy N.

Gurin,

Clerk

of the Illinois Pollution Control

Board, hereby certify that the above order was adopted on ,~he

/3~

day of

__________________,

1992,

by a vote of

~

~.

/~‘

Dorothy M. ~inn, Clerk

Illinois PoWlution Control Board